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Uson v. Del Rosario, G.R. No. L-4963, January 29, 1953.

25 Jul

[BAUTISTA ANGELO, J.]

FACTS

Maria Uson was the lawful wife of Faustino Nebreda who upon his death in 1945 left the lands involved in this litigation. Faustino Nebreda left no other heir except his widow Maria Uson. Maria Uson sought to recover lands held by Maria del Rosario who had four illegitimate children with Nebreda, which the latter contends that her children are given the status and rights of natural children and are entitled to the successional rights, and because these successional rights were declared for the first time in the new code, they shall be given retroactive effect.

ISSUE

Whether or not the illegitimate children may have successional rights under the new Civil Code by way of its retroactive effect.

RULING

NO. Article 2253 above referred to provides indeed that rights which are declared for the first time shall have retroactive effect even though the event which gave rise to them may have occurred under the former legislation, but this is so only when the new rights do not prejudice any vested or acquired right of the same origin. The law commands that the rights to succession are transmitted from the moment of death (Article 657, old Civil Code). The new right recognized by the new Civil Code in favor of the illegitimate children of the deceased cannot, therefore, be asserted to the impairment of the vested right of Maria Uson over the lands in dispute.

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Posted by on July 25, 2017 in Case Digests, Civil Law, Succession

 

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